среда, 8 июня 2011 г.

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Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.

All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.

Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.

USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.

While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.

At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.

USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.

The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.

However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

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FredG

July 18th, 2004, 07:54 AM

What an interesting plant! I like the second one better, as it isolates one plant and you can see that all the parts really do belong to just that one. DOF must have been quite a challenge.

When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.

Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.

It is important because this article distinguishes "skilled" immigration versus "unskilled" immigration. This country needs more of the former as enounced several times by leaders of industry, academia and politics, but the latter issue is somewhat controversional because of its largely "illegal" nature in the U.S.

Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...

EU's New Tack on Immigration

Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force By JOHN W. MILLER February 10, 2006; Page A8

BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.

Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.

"The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.

In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.

The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.

While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.

Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.

In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.

Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.

The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.

So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.

"Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.

The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.

For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.

Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."

Compared to US, Software Engg position in India sucks a lot. It makes sense only if you are a manager in India. I know batchmates went to work in Texas Instruments in Bangalore and after a year or 2 later, got frustrated with the insfrastructure etc there.

To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best. Or do consular processing in Canada.

I would like to send emails to my friends about IV and the cause IV stands for. I know a lot of people who are stuck by retrogession. Is there a standard template to invite friends to join, volunteer and contribute that we can include as a link in this website please?

vj SEAHAWKS,

You can visit the resource section. You will find the email template. You can use that. Feel free to edit it if you want to make it personallise.

In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system. And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past. Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.

I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.

Thanks in advance. One of the many a thousands of sufferer of slow employment based green card system.

I am not sure if that is true anymore. Recently US has announced that even US citizens returning from CANADA need to have there passport with them for entering into US. Earlier all they needed was a drivers license. When the US is tightening entry requirements for US citizens I am not sure automatic visa revalidation is still possible. Better follow up on it before going to Canada.

What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.

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ganesha

09-04 01:32 PM

I received CPO email's for me and my son. My wife's online status is unchanged (no emails yet...). We have not received the Welcome email yet....

Folks;

I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.

On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

Also I as the primary applicant only received the mail...my wife's status is still unchanged...

Best,

SoP

amor con frases romanticas

fide_champ

02-15 08:30 AM

Does anyone have any experience visiting canada with an expired US visa and then returning back to US showing just the approval notice? I heard you don't need to get a new stamping if you are returning before 30 days.

On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

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RandyK

10-29 03:04 PM

This could be an opportunity.......unfortunately there aren't many to choose from��.

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onemorecame

06-26 04:14 PM

Paying all money from my own pocket

GCEB2

06-25 02:07 PM

Thanks vkmurthy.

Iam on H4 visa and got my ssn just last months, can i still go out of country and come as i have valid H4 visa till 2009.